Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-10-01

SIanGlng near the Ldrrets0H us
morning, Il man was heard to make the
remark, Anybody could have caught
me for II hundred on that verdict yes
t~erday." A stranger at his elbow was
heard to venture the assertion, THAT
the man who bets on q jury is u fool"
That cOlloquy about sums up public
opinion rs to the verdict in the MUNICH
rath case. THE TRIBVNE reporter was
in the court room yesterday at lao
when a knock was heard at the door,
and on Major Mcdonald going to the
door, a Juror notified him that they had
agreed on a verdict. Judge Wakefield
had just lett and was probably not a
block from the court house on his way
to dinner. Major Mcdonald ~telephohed
to his house, while Deputy Gambs went
after the lawyers, and Deputy Daven-
port went after the defendant. MUNICH
rath was found ut the fremont house
and when told that "A verdict had been
reached, calmly left along with the
officer. When the jury filed INTO the
room, and answered eyes, to the
question chad they agreed upon a YER
dict" Munchrath sat calmly in the
chair as he did during the trial, with
his hands locked and placed across
his breast. When the verdict of man
slaughter was read he merely unlocked
his hands, and bending forward in his
chair, smiled. The judge then stated
that sentence would be pronounced
next Monday. The prisoner is still out
on bali and returned to the bosom Of
his family. The jury looking tired and
careworn returned TO the bosom OF
their families, satisfied that they had
done their duty, rs far as in their best
Judgment was right. As to any olli-
cial statement of the balloting in the
Jury room it would be on: of al reason
to attempt to present. as each and
every Juror shows Il decided disinclina-
ton to talk with reporters about the
matter. They have however, spoken to
close friends and from one of such
the TRIBUNE reporter, obtained the
following facts:
On the ilry retiring 70 their room
a ballot was taken on the question LAS
10 whether the defendant was guilty on
general principles The result was
s ayes and 4 noes. The four voting
in the negative, however, did not
understand the question at issue, they
believing that the vote was taken on a
question of murder in the first degree
The matter however being explained
the result at the next ballot was an
unanimous opinion that Munchrath
was guilty on general principles. The
question now was which of the follow
ING grades of the offence were they
guilty of. Murder; murder in the 2nC
degree; manslaughter; assault witt
inteut to kill; assault ald battery; Of
common assault. The vote taken OF
thi. question resulted IN nlne for man
slaughter, and three who believed in
lesser grade, out who did not fix 1t
These men were a. ID. Sanford, {, X
Kountz and j James Collins. 50 the ques
ton remained until 4 O'Clock yesterday
mornino when Kountz and San'or(
came over, ielving Collins, the otdcs
man On the Jury, hanging oot on Ia
side of mercy. A,ter the jury had beer
taken 10 djaner yesterday, on their re
turn Collins was Induced to sign tn
verdict Of ~man,laughter. James Col
Inns is eighty-one Years Old, and II I
safe to say that bad he been a younge
man that the jury would have hung.
Last evening Messrs Arensdori
Leader Holleureid. Fred M|unchrath j
and senior. we're seen together gong F,
a room ia the eastern portion OF tn
CITY. and rum0r has 1t that they with
number of others held a meeting Iac
evening to consider future actlof
Fred Munchra'h WAS eenthis morhin
and does not believe ''that he Is an
nearer the jan now than when pialin
with his children at home on the nigf
of the killing. He does not seem 9
all effected by the verdict. his VII
and relatives have however. not born
up so well.
Mr.. Argo saws that the verde; wa
mosstrous, that he has until Saturda
noon 10 file "a motion for a new trla
which he Will do and that if not granite
II. he will take the case to the highe
court.
Attorney Hubbard believes in til
Justice of the verdict, and Attorne
OConnell says that he holds a NOR
gage on the remaining defendant
Prosecuting Attorney Marsh was col
fideut all the time OF a verdict OF NAL
slaughter. and so told the reporter a
ter the jury had retired. -.
The cases against the remainin
defendants will not be tried this terri
Public opinion is about equally q
vided. That a verdict OF guilty OF
lighter offence would have met Wi
more general favor seems to be II
case. However, the case was WI
the Jury and they knew what the
were doing. Mr.. Argo made a spie
did effort for his client and was 40
seconded by Mr.. Linn. The psna'
in this case is from one to eight year
at the discretion of the judge.
With the verdict returned by the
~ in the Munchcrath trial was > re
concentration to mercy. Tins W
overlooked at the time OF reading I
uard,ct A good many lawyers EXPIRE